Present law provides that a video recording of a child by a forensic interviewer containing a statement made by the child under 18 describing an act of sexual or physically violent contact performed with or on the child by a person, or describing an act of sexual or physically violent contact performed by a person with or on another and witnessed by the child, is admissible and may be considered for its bearing on any matter to which it is relevant in evidence at any stage of a criminal proceeding of the person for any offense arising from the contact if certain requirements are met. One such criterion is that the interview was conducted by a forensic interviewer who met certain qualifications at the time the video recording was made, as determined by the court, including either: Was employed by a child advocacy center that meets certain requirements. Was employed by a federal agency and conducted the forensic interview in the course of an investigation of a federal crime. Until July 1, 2031, this bill adds as another possible option to the two options above that the forensic interviewer was employed by the department of children's services and the interview was conducted under the supervision of a child advocacy center that meets certain requirements. A department employee conducting a forensic interview must meet all of the following requirements: Had graduated from an accredited college or university with a bachelor's degree in a field related to social service, education, criminal justice, nursing, psychology or other similar profession. Had either (i) experience equivalent to three years of full-time professional work in child protective services, criminal justice, clinical evaluation, counseling, or forensic interviewing, or other comparable work with children; or (ii) been supervised by an experienced forensic interviewer for a minimum of 20 forensic interviews, in addition to the required hours of interviewing described below. Had completed a minimum of 40 hours of forensic training in interviewing traumatized children and 15 hours of continuing education annually. Had completed a minimum of eight hours of interviewing under the supervision of a qualified forensic interviewer of children. Had knowledge of child development through coursework, professional training or experience. Had no criminal history as determined through a criminal records background check. Had actively participated in peer review.
Statutes affected: Introduced: 24-7-123(b)(3)(A), 24-7-123